Patna High Court
Kamrul Miyan @ Md. Kamruddin Ansari @ Md. KamruddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners, subject to surrender within eight weeks and compliance with bail bond conditions.
Summary
The petitioners, Kamrul Miyan and Muddin Miyan, sought anticipatory bail fearing arrest in a case (PS‑469/2021) alleging offences under multiple sections of the Indian Penal Code and the Damage of Property Act, including rioting, assault and criminal intimidation. The prosecution alleged that the petitioners, along with about 200 unknown persons, blocked a road, obstructed police, pelted stones and damaged a police vehicle. The petitioners contended that they were falsely implicated based solely on a spy’s statement, that no specific overt act was attributed to them, and that there was no injury report; they also highlighted their clean antecedents and the fact that similarly situated co‑accused had been granted anticipatory bail in a 2023 order. The learned A.P.P. opposed bail. Considering the lack of concrete evidence against the petitioners and the precedent of bail to co‑accused, the Court ordered anticipatory bail, subject to surrender within eight weeks, a bail bond of Rs 10,000 with two sureties, and conditions under Section 438(2) Cr.P.C. and Section 482 B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the IPC and Damage of Property Act.
- Whether the material on record, primarily a spy’s statement, suffices to deny bail.
Legislation cited
- B.N.S.S., 2023 — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 149, 186, 332, 341, 342, 353, 427, 431, 497, 504
Subjects
- anticipatory bail
- false implication
- obstruction of police
- IPC offences
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3366 of 2026
Arising Out of PS. Case No.-469 Year-2021 Thana- KHAIRA District- Jamui
======================================================
1. Kamrul Miyan @ Md. Kamruddin Ansari @ Md. Kamruddin Son of Saddik
Miyan @ Md. Siddik Ansari Resident of Village- Chaukitand, P.S.- Khaira,
District- Jamui
2. Muddin Miyan Son of Basarat Miyan Resident of Village- Chaukitand, P.S.-
Khaira, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satya Prakash Parasar
For the Opposite Party/s : Mr.Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 147, 149,
341, 342, 332, 353, 431, 186, 497, 504 and 427 of the Indian
Penal Code and section 3/4 of the Damage of Property Act.
3. As per the prosecution case, all the accused persons
including petitioners and 200 unknown persons are alleged to
have blocked the road and when informant along with other
police officials reached there, the accused persons obstructed the
police party in discharge of their official duty and also pelted
stones and damaged the police vehicle.
Patna High Court CR. MISC. No.3366 of 2026(2) dt.11-02-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. Name of petitioners surfaced in this case on the basis of
statement of Spy. There is general and omnibus allegation and
no specific overt act has been alleged against petitioners. There
is no injury report on the record. Similarly situated co-accused
have been granted anticipatory bail by this Court, vide order
dated 16.05.2023 passed in Cr.Misc. No. 10435 of 2023.
Petitioners claim clean antecedents.
5. Learned A.P.P. opposes the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Jamui in
connection with Khaira P.S. Case No. 469 of 2021, subject to
the conditions as laid down under Section 438(2) of the Cr.P.C. /
Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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